Alimony Divorce Case | Salt Lake City Alimony Lawyer

The Divorce Lawyers at Arnold & Wadsworth offer a free consultation. With offices in Salt Lake City and Ogden, Utah we have divorce and family law attorneys ready to aggressively protect your rights. Below is an explanation of a recent Utah Court of Appeals case decided concerning alimony.

There was a recent case that decided and explained different types of alimony;

“Alimony awards come in different varieties. See, e.g., Wells, 871 P.2d at 1038–39 (analyzing court’s ability to award temporary alimony); Bell v. Bell, 810 P .2d 489, 493 n. 3 (Utah Ct.App.1991) (“The purpose of rehabilitative alimony is in the short run to close the gap between actual expenses and actual income to enable the receiving spouse to then be better able to support herself when the alimony and schooling end.”); Petersen v. Petersen, 737 P.2d 237, 242 n. 4 (Utah Ct.App.1987) (observing that “reimbursement” alimony is sometimes appropriate). And several of those variants are not considered permanent alimony awards. See Wells, 871 P.2d at 1039 (indicating that temporary alimony is separate and distinct from permanent alimony).”

Beal v. Beal, 2013 UT App 105
In your case you might need “transitional alimony” and the court explained the difference between transitional alimony and permanent alimony as follows;
“While the award here was not expressly characterized as a temporary award, the plain meaning of the phrase “transitional alimony” and the clear intent of the divorce decree demonstrate that the award was not meant to be permanent. “Transition” is not synonymous with permanence, but rather relates to “a passage or movement from one state, condition, or place to another.” See Webster’s Third New Int’l Dictionary 2428 (1993). Therefore, the decree’s “transitional” award is, by definition, an award that is subject to change. Within the framework of this divorce decree, which calls for an alimony review after two years and following the exchange of information that would permit the calculation of a permanent alimony award, an award intended to be reviewed and changed cannot reasonably be viewed as permanent.”

Beal v. Beal, 2013 UT App 105
As you can see from this quote from the case there are different types of alimony and you need to make sure in your divorce that the right type of alimony is given depending on your facts in your divorce case. This is both true for the man or woman in the divorce. For example, if you are the one obligated to pay alimony you need to make sure that you categorize the alimony correctly to make sure you can make it tax deductible and to make sure you are paying under correct guidelines. If you do not have both in place you are set up to fail.
Our divorce lawyers at Arnold & Wadsworth are here to provide you with the professional service you deserve. The divorce attorneys at Arnold & Wadsworth stay current on divorce laws and divorce trends. Divorce involves all facets of the law and therefore you need the divorce lawyers at Arnold & Wadsworth. Call today (801) 475-0123 for a free consultation.

Child Custody Evaluations | Utah Divorce Lawyers

What is a Child Custody Evaluation 

A child custody evaluation usually occurs in a divorce action that involves children. In Utah, a child custody evaluation gets ordered at a temporary orders hearing or by motion by either side. One important factor or evidence that gets admitted through the child custody evaluation in your divorce is what is called hearsay evidence. This is evidence that is communicated to the child custody evaluator by the child or children in your divorce. This essentially gives your children a voice in the divorce court proceedings through the evaluator. The difference is that the evaluator in your divorce is going to give a professional opinion as to the best interest of your child or children as it pertains to custody and a parenting plan. This can affect the custody and parent time you have with your child or children in your divorce.

Results from a Child Custody Evaluation

The child custody evaluator will do an evaluation in your Utah divorce and then will meet with both parents (with their divorce lawyers) for what is called a 4-903 conference. This 4-903 conference is really another mediation, but the difference is the evaluator will give their opinion as to what the custody should be and then you will mediate your divorce with your lawyer in a separate room. This mediation can occur at the court house or the law office of one of the divorce attorneys. The purpose is to allow you see what the opinion of the child custody evaluator as it pertains to your children and hopefully that will allow you to settle your divorce as it pertains to custody and parenting time. Sometimes this mediation works and sometimes it fails.

Divorce Lawyers in Salt Lake City

At Arnold & Wadsworth we have divorce lawyers that have experience with child custody evaluations in divorce actions. Call (801) 475-0123 today for a free consultation. Our divorce lawyers will assess your situation to make sure you are considering all angles and opportunities in your divorce action.

Temporary Orders | Divorce Salt Lake City

When facing a divorce in Utah it is likely you will go through a temporary orders hearing. The first question our divorce lawyers get is whether a temporary orders hearing is mandatory; it is not. However, it will give you a good idea and feel for how the rest of your divorce will go. The temporary orders hearing will also give you experience in court, and show you the strengths and weaknesses of your divorce case. While it will include paying your divorce lawyer to prepare the motion and argue the motion in a hearing in divorce court, it will provide you with valuable insight before you reach mediation. Going through a temporary orders hearing will also allow you knowledge and insight in how to present a settlement at mediation.

At temporary orders the issues before the divorce court judge will be; custody, parenting plan, debt allocation, asset division (on a temporary basis), alimony, whether to appoint a guardian ad litem (GAL), whether to appoint a custody evaluator, personal property division, and real property division. A lot of the arguments will come done to how well you present your evidence. This is where it is very valuable to have a divorce lawyer that has experience with the judge you will be in front of. First, you want to make sure your argument is clear and concise. You do not want the judge to consider facts that are not relevant. Second, you need to be clear as to what you want. The judge cannot grant you something in your divorce you do not ask for. Lastly, make sure you respond to their arguments. This is a big hearing and turning point in your divorce. You need to make sure you put your best foot forward.

The divorce attorneys at Arnold & Wadsworth offer a free consultation concerning divorce matters. Feel free to call today and set up a free consultation at (801) 475-0123.

Divorce and Mediation in Utah | Salt Lake Divorce Lawyers

A question that we at Arnold & Wadsworth get a lot is whether mediation is required when it comes to a divorce. The answer is Yes. It is also required if you file a petition for a divorce modification. The reasons that it is required in a divorce situation in Utah is because the hope is that you know what is best for you life including your children’s lives. Lets face it, no one knows your spouse or ex-spouse better than you. Sometimes that can be a good thing and sometimes it can be bad. The Courts hope that you will use this knowledge to get a good outcome, even if you have to be creative in order to get that outcome in your divorce case.

You are allowed to have your divorce lawyer with you at the mediation. This can be a great source of legal wisdom. The divorce lawyer can tell you if you are on the right track or even if they think the resolution you are getting is legally viable. Another important function of a divorce lawyer at mediation is that they can educate you on what a divorce trial would entail and what kind of possible outcomes you would be facing. At Arnold & Wadsworth our divorce lawyers are always trying to educate our clients on the divorce process and laws in Utah. This knowledge will enable you to make better decisions throughout the process.

If you would like to look at some of our reviews when it comes to divorce click HERE to see Brian Arnold’s reviews.

Arnold & Wadsworth | Salt Lake City Divorce Lawyers

 

Child Custody Considerations in Utah | Divorce Lawyers

Child Custody Lawyers in Salt Lake City

Child custody laws in Utah can be hard to understand. There are a lot of legal factors that go into deciding child custody in a divorce. One factor that will be considered in your divorce or in any post divorce case is the “child’s bond” with each parent and the strength of that bond.

The child custody factor is officially named under rule 4-903 as “the relative strength of the child’s bond with one or both of the prospective custodians.” This factor can be considered and found  by the court or a child custody evaluator that is licensed in child therapy. In your divorce case you will want to present evidence that shows the strength of the bond you and your child or children have. Usually the most effective way to do this is to hire your own expert. A child custody evaluation can also be a good way to establish the bond the children have with you. The downside of a child custody evaluator is that they will also evaluate the bond the children have with the other parent. Sometimes this can be a good thing and consideration in a divorce action if the other parent has not participated in the children’s life and the bond is non-existent.

“The child’s bond with a particular parent is at the significant end of the spectrum and thus should weigh heavily in the court’s determination. Indeed, when the court finds that the child has bonded more closely with one parent than another, the court is within its discretion in concluding that the difference in bonding overrides the general interest in stability, especially where the prospect of stability is diminished.” Hudema v. Carpenter, 1999 UT App 290, 989 P.2d 491, 501-02.

At Arnold & Wadsworth we have fought for our clients and their rights to have custody of their children. Custody of children is the most important factor in any case involving children. You need to help the court get it right. We offer a free consultation. Feel free to give us a call at (801) 475-0123.

WILL AND JADA PINKETT SMITH SQUASHED SPLIT RUMORS

WILL AND JADA PINKETT SMITH SQUASHED SPLIT RUMORS.

Once again, rumors of a divorce for some celebrities. Hardly ever are these rumors baseless. It will be interesting to see how this one turns out. We will keep you updated.

When to Divorce? – Arnold & Wadsworth

When is the right time to file for divorce? This is a question that we often hear. The answer depends on your situation. Because every divorce is unique there is always  a better time to file for divorce than others. Some things to consider include;

  1. Is there children involved?
  2. Income, and whether both individuals have jobs.
  3. Do you own a home?
  4. Are you seeking Alimony or will you have to defend against alimony.
  5. How much cash do you have in your joint checking accounts.

This are just a few questions that we will have in your free consultation. We offer a free consultation for potential new clients. Give us a call today at (801) 475-0123 to set up a time to meet with one of our Lawyers.

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